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FORM OF NOMINATED SUB-CONTRACT ANNEXURE 1

FORM OF ADVANCE PAYMENT GUARANTEE

To : (Contractor)

WHEREAS :-

(A)By an agreement in writing dated (“the Sub-Contract”)


and made between (1) (“the Contractor”) and
(2)(“the Sub-Contractor”), the
Sub-Contractor has agreed to design (to the extent required by the Sub-Contract).
Construct, complete and maintain the Sub-contract Works therein defined forming
part of the North-South Interurban Toll Expressway and the New Klang Valley
Expressway upon and subject to the terms and conditions of the “Sub-Contract.

(B)The terms of the Sub-Contract oblige the Sub-Contractor to provide the Contractor
with an advance payment guarantee upon the terms hereof.

In consideration of your accepting our obligations herein contained in discharge of the


Sub-Contractor’s obligation to provide such guarantee, and in consideration of your
paying to the Sub-Contractor following receipt of this Guarantee as an advance payment
the sum of Ringgit Malaysia : (RM : ) (such advance
payment and any part thereof from time to time outstanding to you being hereinafter
called the “Advance Payment”), we, (Full name and address of bank) hereby irrevocably
and unconditionally guarantee payment to you of an amount equal to such Advance
Payment as reduced by the aggregate of such amounts as are notified to us from time to
time by you as having being paid to you by the Sub-Contractor in accordance with the
terms of the Sub-Contract, and accordingly covenant with you and agree as follows :-

1.Upon receipt of a written demand made by you upon us from time to time or at any
time stating the Sub-Contractor has failed to repay to you the Advance Payment
or any part thereof forthwith following demand of him by your pursuant to the
Sub-Contract, and without the need for you to take legal action against or to
obtain the consent of the Sub-Contractor, and notwithstanding any objection by
the Sub-Contractor and without any further proof or conditions and without any
right of set-off or counterclaim, we shall forthwith pay to you the amount or
amounts specified in such demand or demands, not exceeding in aggregate the
amount of the Advance Payment. Such payment or payments shall be made by
transfer to an account in your name at such bank in such place as you shall direct.
2.Our obligations hereunder shall not be affected by any act, omission, matter or thing
which but for this provision might operate to release or otherwise exonerate us
from our obligations hereunder in whole or in part, including without limitation
and whether or not known to us or you :-

(a)any time or waiver granted to the Sub-Contractor or any other person;

(b)the taking, variation, compromise, renewal or release of or refusal or neglect to


perfect or enforce any rights, remedies or securities against the sub-
Contractor or any other person;

(c)any legal limitation, disability or incapacity relating to the Sub-Contractor or


any other person;

(d)any variation of or amendment to the Sub-Contract or the works to be


performed thereunder or any other document or security so that references
to the Sub-Contract in this Guarantee shall include each such variation and
amendment; and

(e)any unenforceability, invalidity or frustration of any obligations of the Sub-


Contractor or any other person under the Sub-Contract or any other
document or security.

3.This Guarantee shall remain valid and in full force and effect until you shall have
notified us in writing that you have recovered the full amount of the Advance
Payment from the Sub-Contractor in accordance with the Sub-Contract, following
which this Guarantee shall be returned to us for cancellation Provided that in the
event that no demand has been made by you under this Guarantee by
this Guarantee shall then expire and be returned to us for cancellation.

4.Any payment made hereunder shall be made free and clear of, and without deduction
for or on account of, any present or future taxes, duties, charges, fees, deductions
or withholdings of any nature whatsoever and by whomsoever imposed.

5.The benefit of this Guarantee may be assigned by you.

6.This Guarantee shall be governed by and construed in accordance with the laws of
Malaysia and we hereby agree to submit tot he non-exclusive jurisdiction of the
Courts of Malaysia over any claim arising out of this Guarantee.
IN WITNESS WHEREOF this Guarantee has been executed on the day
of 2002.

The Common Seal of )


[Guarantor Bank] was hereunto )
affixed in the presence of :- )

OR

Signed by )
For and on behalf of [Guarantee )
Bank] in the presence of :- )

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